Document 6525696

Transcription

Document 6525696
CM-010
~TTORNEY OR PARTY WITHOUT ATTORNEY
(Name, State Bar number, and address):
TELEPHONE NO ..
FOR COURT USE ONLY
FAX NO:
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA. COUNTY OF
STREET ADDRESS
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
CASE NAME:
I
CIVIL CASE COVER SHEET
,
I ~ Unlimited
D Limited·
I
L-J
(Amount
demanded
exceeds $25,000)
(Amount
demanded is
$25,000 or less)
I CASE NUMBER:
Complex Case Designation
Counter
D
Joinder
Filed with first appearance by defendan
(Cal. Rules of Court, rule 3.402)
JUDGE:
I·
DEPT
Items 1-6 below must be completed (see instructions on Jage 2),
1, Check one box below for the case type that best describes this case:
Auto Tort
Auto (22)
Contract Breach of contractlwarranty (06) D
D
D
Uninsured motorist (46)
Other PI/PDIWD (Personal Injury/Property
DamagelWrongful Death) Tort
D
D
D
D
Asbestos (04)
Product liability (24)
Medical malpractice (45)
Other PIIPDIWD (23)
Non-PIIPDIWD (Other) Tort
D
D
D
D
D
D
D
Rule 3.740 collections (09)
Other collections (09)
Insurance coverage (18)
Other contract (37)
Real Property
Eminent domainllnverse
condemnation (14)
Wrongful eviction (33)
D
Other real property (26) Business tortlunfair business practice (07)
Unlawful
Detainer
Civil rights (08)
Commercial (31)
Defamation (13)
D
D
Fraud (16)
Intellectual property (19)
ProfeSSional negligence (25)
Other non-PIIPDIWD tort (35)
Employment
Wrongful termination (36)
D
D
D
D
D
Other employment (15)
D
Residential (32)
Drugs (38)
Judicial Review
Asset forfeiture (05)
D
D
Petition re: arbitration award (11)
Writ of mandate (02)
D
Pror--isionally Complex Civil Litigation
(Ca. Rules of Court. rules 3.400-3.403)
C J AntitrustlTrade regulation (03) C J Construction defect (10) C J Mass tort (40) E
j
Securities litigation (28) ] EnvironmentallToxic tort (30) CJ
Insurance coverage claims ariSing from the
above listed provisionally complex case
types (41)
Enf rcement of Judgment
C~
Enforcement of judgment (20)
Mis ellaneous Civil Complaint
C
C
RICO (27)
Other complaint (not speCified above) (42)
Mis ellaneous Civil Petition
C
C
Partnership and corporate governance (21)
Other petition (not specified above) (43)
Other judicial review (39)
2, This case U is
U is not complex under rule 3.400 of the California Rules of Court, If the case is complex, mark the
factors requiring exceptional judicial management:
a. D
Large number of separately represented parties
d, D
Large number of INitnesses
b. D
Extensive motion practice raising difficult or novel
e.
Coordination witl" related actions pending in one or more courts
in other counties, states, or countries, or in a federal court
issues that will be time-consuming to resolve
c.
Substantial amount of documentary evidence
f. D Substantial postj dgment judicial supervision
3, 4. 5.
6,
Remedies sought (check all that apply): a,D monetary b.
nonmonetary; decl ratory or injunctive relief
Number of causes of action (specify):
This case
is
D
is not a class action suit. If there are any known related cases, file and serve a notice of related case. (You may use form CM-015.) c.
punitive
Date:
(SIGNA URE OF PARTY OR ATTORNEY FOR PARTY)
(TYPE OR PRINT NAME) NOTICE
• Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (e cept small claims cases or cases filed
under the Probate Code, Family Code, or Welfare and Institutions Code), (Cal. Rules 0 Court, rule 3,220.) Failure to file may result
in sanctions,
• File this cover sheet in addition to any cover sheet required by local court rule.
• If this case is complex under rule 3.400 et seq. of the California Rules of Court, you mu st serve a copy of this cover sheet on all other parties to the action or proceeding, • Unless this is a collections case uhder rule 3.740 or a complex case, this cover sheet", ill be used for statistical purposes onlv,
I
Form Adopted for Mandatory Use Judicial Council 0/ Califomia CM-010 {Rev. July 1, 2007] - - - - -...- - - ­
,sage 1 of2,
CIVIL CASE COVER SHEET
CaL Rules 0/ Court. rules 2.30,3.220,3.400-3.403,3.740;
CaL Standards 01 Judicial Administration. std. 3.10
www.courtinfo.ca.gov
INSTRUCTIONS ON HOW TO COMPLETE THE
VERSHEET
CM-010
To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for exa pie, a complaint) in a civil case, you must
complete and file, along with your first paper, the Civil Case Cover Sheet contained on p e 1. This information will be used to compile
statistics about the types and numbers of cases filed. You must complete items 1 throu h 6 on the sheet. In item 1, you must check
one box for the case type that best describes the case. If the case fits both a general a a more speCific type of case listed in item 1,
check the more speCific one. If the case has multiple causes of action, check the box th t best indicates the primary cause of action.
To assist you in completing the sheet, examples of the cases that belong under each ca e type in item 1 are provided below. A cover
sheet must be filed only with your initial paper. Failure to file a cover sheet with the first aper filed in a civil case may subject a party,
its counsel, or both to sanctions under rules 2.30 and 3.220 ofthe California Rules of Cou
To Parties in Rule 3.740 Collections Cases. A "collections case" under rule 3.740 i defined as an action for recovery of money
owed in a sum stated to be certain that is not more than $25,000. exclusive of interest an attorney's fees, arising from a transaction in
which property. services, or money was acquired on credit. A collections case does not i clude an action seeking the following: (1) tort
damages, (2) punitive damages, (3) recovery of real property, (4) recovery of pers nal property, or (5) a prejudgment writ of
attachment. The identification of a case as a rule 3,740 collections case on this form eans that it will be exempt from the general
time-for-service requirements and case management rules. unless a defendant files a r sponsive pleading. A rule 3.740 collections
case will be subject to the requirements for service and obtaining a judgment in rule 3.740
To Parties in Complex Cases. In complex cases only, parties must also use the Civi Case Cover Sheet to designate whether the
case is complex. If a plaintiff believes the case is complex under rule 3.400 of the Califo nia Rules of Court, this must be indicated by
completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as com lex, the cover sheet must be served with the
complaint on all parties to the action. A defendant may file and serve no later than th time of its first appearance a joinder in the
plaintiff's deSignation, a counter-designation that the case is not complex, or, if the plainti has made no designation, a designation that
the case is complex.
CASE TYPES AND EXAMPLES
Auto Tort
Auto (22)-Personal Injury/Property
DamageNlfrongful Death
Uninsured Motorist (46) (if the
case involves an uninsured
motorist claim subject to
arbitration, check this item
instead of Auto)
Other PlIPDIWD (Personallnjuryl
Property DamagelWrongful Death)
Tort
Asbestos (04)
Asbestos Property Damage
Asbestos Personal Injury/
Wrongful Death Product Liability (not asbestos or toxic/environmental) (24) Medical Malpractice (45)
Medical Malpractice­
PhYSicians & Surgeons
Other Professional Health Care
Malpractice
Other PI/PDNlfD (23)
Premises Liability (e,g., Slip
and fall)
Intentional Bodily Injury/PDIWD
(e.g., assault. vandalism)
Intentionallnfiiction of
Emotional Distress
Negligent Infliction of
Emotional Distress
Other PIIPDIWD
Non-PIIPDIWD (Other) Tort
Business Tort/Unfair Business
Practice (07)
Civil Rights (e.g., discrimination.
false arrest) (not civil
harassment) (08)
Defamation (e.g., slander. libel)
(13)
Fraud (16)
Intellectual Property (19)
Professional Negligence (25)
Legal Malpractice
Other ProfeSSional Malpractice
(not medical or legal)
Other Non-PIIPDIWD Tort (35)
Employment
Wrongful Termination (36)
Other Employment (15)
CM-Ol0 [Rev. July 1,2007]
Contract
Breach of ContractNlfarranty (06)
Breach of Rental/Lease
Contract (not unlawful detainer
or wrongful eviction)
ContractNlfarranty Breach-Seller
Plaintiff (not fraud or negligence)
Negligent Breach of Contract!
Warranty
Other Breach of ContractNlfarranty
Collections (e.g .. money owed, open
book accounts) (09)
Collection Case-Seller Plaintiff
Other Promissory Note/Collections
Case
Insurance Coverage (not provisionally
complex) (18)
Auto Subrogation
Other Coverage
Other Contract (37)
Contractual Fraud
Other Contract Dispute
Real Property
Eminent Domainllnverse
Condemnation (14)
Wrongful Eviction (33)
Other Real Property (e,g., quiet title) (26)
Writ of Possession of Real Property
Mortgage Foreclosure
Quiet Title
Other Real Property (not eminent
domain, landlordlienant, or
foreclosure)
Unlawful Detainer
Commercial (31) Residential (32) Drugs (38) (ifthe case involves illegal drugs, check this item; otherwise,
report as Commercial or Residential)
judicial Review
Asset Forfeiture (05)
Petition Re: Arbitration Award (11)
Writ of Mandate (02)
Writ-Administrative Mandamus
Writ-Mandamus on Limited Court
Case Matter
Writ-Other Limited Court Case
Review
Other Judicial Review (39)
Review of Health Officer Order
Notice of Appeal-Labor
CommiSSioner A eals
CIVIL CASE COVER SHEET
Provisionally Complex Civil Litigation (Cal.
Rules of Court Rules 3.400-3.403) AntitrustlTrade Regulation (03) Construction Defect (10) Claims Involving Mass Tort (40) Securities Litigation (28) Environmentalrroxic Tort (30) Insurance Coverage Claims (arising from provisionally complex
case type listed above) (41)
Enforcement of Judgment
Enforcement of Judgment (20)
Abstract of Judgment (Out of
County)
Confession of Judgment (non­
domestic relations)
Sister State Judgment
Administrative Agency Award
(not unpaid taxes)
Petition/Certification of Entry of
Judgment on Unpaid Taxes
Other Enforcement of Judgment
Case
Miscellaneous Civil Complaint RICO (27) Other Complaint (not specified above) (42)
Declaratory Relief Only
Injunctive Relief Only (non­
harassment)
Mechanics Lien
Other Commercial Complaint
Case (non-tortlnon-complex)
Other Civil Complaint
(non-tortlnon-complex)
Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other Petition (not specified above) (43) Civil Harassment
Workplace Violence
Elder/Dependent Adult
Abuse
Election Contest
Petition for Name Change
Petition for Relief From Late
Claim
Other Civil Petition
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